Single bench disposed of a writ petition under Article 226 filed by an Advocate against the State Bar Council. The court noted the suspension was already revoked the same day the petition was heard.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
@ $ingle Bench
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR ‘ v WRIT PETITION (C) NOiQp OF 2012
PETITIONER
Smt. Indira Tripathi, W/o Shri Awadh Tripathi, aged about 47 years, Occupation—Advocate, R/o Green Park Colony Raipur Road, Bilaspur (C.q.), At Present Elected Vice-President of High Court Bar Association, Bilaspur (C.G.)
VERSUS
RESPONDENTS
/
Shri ~ Dayaram Sharma, Administrator appointed by Respondent No. 2 for C.G. High Court Bar Association, R/o Vidya Nagar, Bilaspur (C.G.) ’ Shri Basant Rai, Member, State Bar Council, R/o Baldeo Bag,h Rajnandgaon (C.G.) Shri Pramod Verma, Senior
Advocate .
Shri V.V.S. Murthy, Senior
/,Advocate
7% Shri SomnathIVerma, Advocate
é
8. ILSmt. Meena Shashtri, Advocate j
Respondent 5 to 8 are’
/No’s
/
practicing Advocates at High
'
av we.
C urt, Bilaspur (C.G.) W “431" ‘ ,
. qss’eadogioo awaaPck/f‘ ‘
. Hlgh Cour't Bar Associatlon
through its iPresident Shri C.K.
Kesharwani, :R/o Juna Bilaspur,
Hatri Chowk, Bilaspur (C.G.)
70F
j WRIT PETITION UNDER ARTICLE 226 THE
CONSTITUTION OF INDIA
HIGH COURT OF CHHATTISGARH : BILASPUR
WRJT-PETITION (C) NO.26O OF 2012 .
PETITIONER .- Smt; Indira Tripathi
Versus RESPO‘NDENTS ' State Co_uncul of Chhattlsgarh & Bar Others (Writ petitionunder Amcle226oftheConstltutuon of India) Smgle Bench Hon ble Shrl Satlsh K Agnlhotn J PreSent.,Shri BP Sharma & Shri Sunil Sahu Advocates for the. ‘ petitioner Shrl Pawan Shrlvastava Advocate for the respondent No 6 Shrl Shallendra Dubey, Chairman Shrl Pankaj Shnvastava - Treasurer and Shn YC Sharma Member of State BarCouncul of Chhattusgarh are also present ORDER (Passedonthis1stdayofNovember2012) Heard Iearned counsel for the parties ‘ At the very outset Shn Shallendra Dubey, Chairman Shn Pankaj - ' Shnvastava, Treasurer, and Shn Y.C. Sharma, Member of State Bar Council of'Chhattisgarh, present in‘the Court, categoricaHy ' submit that on the basis of resolution dated 26 2 2012 the ' suspenSIon dated 25/29-1-2012 of the Chhattlsgarh High Court Bar Assocuatron has been revoked and the same stands quashed So far as other part of Inltlatlng dISCIpIInary proceeding is ‘ concerned they submit that Rule 25 of the Manyata Niyam 2009 (forshort “the Rules 2009”) confers powerupon the State Bar‘.. Councll to Initiate diSCipIinary proceedings Rule 25 of the Rules, 2009 reads as under . "25. m W Simm‘ war men mm war a ma mam var Ii W 311mm WW $ W WW Q‘q' Wm It Wat 3&1? qa asifi m mi? am 'W tau—{fr um W t} vafh’cr mm 1m} and 1R W maim~ W an W m 313W Witt W air 31W ml W ma 1t W mm Wt: m W amshrri
‘v In respect of Imtlatlon of dlsCIpImary proceedings on bare perusal ‘ of Rule 25 of the Rules 2009 It Is manifest that the State Bar’ Councul havmg the power to supervuse Issue dlrectlons and control ' - . the actMtIes of the Bar Assomatuons and the State Bar Counc1l may’ . Initiate dlscupllnary proceedings The dISClpIInary proceedings have ‘t been Initiated Js Informed at the bar that no decrsron has been taken and the petrtroner bar assocratron Is at lrberty to flle response before the drscrphnary authorrty Thus Interference at this stage . In the dIsCIpImary proceedmgs rs premature
Smce the suspensron order dated 25/29 1—2012 has already been revoked as abovestated learned counsel appearing for the petrtlonersubmitsnothlngsurvrvesInthis petitionforadjudication
Accordingly, the writ petition Is disposed of No order asto costs
Sdl-
SATISH K AGN'E'IOTRI Judge
Smt. Indira Tripathi
State Bar Council of Chhattisgarh
Shailendra Dubey
Dayaram Sharma
Basant Rai
Pramod Verma
Satish K Agnihotri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
